RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02585
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 G.I. Bill benefits to his
dependents.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Prior to his retirement, he was briefed that he could transfer
the educational benefits at anytime and was not aware it had to
be accomplished while he was still on active duty. He retired in
November 2009 and would like to transfer the Post-9/11 G.I. Bill
to his son.
His complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant retired from the Regular Air Force on 1 Nov 09.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of the
Air Force, which is at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. The applicant was given adequate
information and failed to follow through with the requirement to
transfer his education benefits while on active duty. On 11 May
09, the applicant attended a pre-separation briefing and
indicated that he wanted counseling on the education benefits.
Additionally, during his out-processing on 10 Jul 09 with the
Education Center, he could have inquired with the education
personnel as to how to do the transfer of benefits. The
applicant had plenty of time from his pre-separation briefing to
his actual retirement on 1 Nov 09 to designate the number of
months for each of his dependents. The applicants failure to
act in a timely manner is not a basis for approval on the part of
the Air Force.
The complete DPSIT evaluation, with attachments, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The only guidance available regarding the Post-9/11 G.I. Bill was
you had to be on active duty at least 6 years and be on active
duty after August 2009. He was never told that he had to
transfer his benefits to his dependents prior to retiring. In
fact, he was told that he had up to 10 years to transfer the
benefit.
His son enrolled into college in August 2012. When he went to
transfer the G.I. Bill he was told that he had to submit a
DD Form 149 because he did not transfer his benefits while he was
on active duty.
The applicants complete submission, with attachments, is at
Exhibit D.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of error or injustice warranting
corrective action regarding the applicants Transfer of
Educational Benefits. We note the comments of the Air Force
office of primary responsibility; nonetheless, based on the
evidence of record and that provided by the applicant, we find it
reasonable to believe that had he been properly briefed on the
TEB, he would have requested a transfer of his education benefits
before he retired. Consequently, we find the evidence provided
sufficient to grant the requested relief. Therefore, in the
interest of justice, we recommend the applicants record be
corrected as indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that on 30 October
2009, he elected to transfer his Post-9/11 G.I. Bill Educational
Benefits to his dependents.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-02585 in Executive Session on 27 Mar 13, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Apr 12.
Exhibit B. Letter, AFPC/DPSIT, dated 2 Jul 12, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 7 Aug 12.
Exhibit D. Letter, Applicant, dated 15 Aug 12.
Panel Chair
AF | BCMR | CY2012 | BC-2012-01648
________________________________________________________________ STATEMENT OF FACTS: The applicant was relieved from active duty, on 31 Aug 09, with a reason for separation of Voluntary Retirement: Maximum Service or Time in Grade. At that time nothing was said about having to apply for the transfer while still on active duty for individuals in his situation. Exhibit D. Letter, Applicant, dated 27 Jun 12, w/atchs.
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